If you’ve been arrested for drunk driving in Box Elder, you are probably worried about the potential consequences. The severity of your situation depends on the facts, what happened during the stop, the tests performed, and how well your defense is built. Our Box Elder, SD DUI lawyer handles criminal defense cases across the Rapid City area and surrounding communities. With over 35 years of combined legal experience, our firm has worked through cases at every level of the state court system, from Pennington County to the South Dakota Supreme Court. Contact us at Loos, Sabers & Smith, LLP to discuss your case.

Why Choose Loos, Sabers & Smith, LLP for DUI Defense in Box Elder, SD?

Deep Roots in South Dakota Criminal Law

At Loos, Sabers & Smith, LLP, our team has practiced in South Dakota courts for many decades. Our criminal defense lawyer in Box Elder, SD knows how to handle cases locally, how prosecutors build DUI files, and what arguments tend to work in front of a Pennington County judge. Our familiarity can make the difference between an outcome which allows you to retain more freedoms and one that results in the harshest consequences. 

A Record of Results That Speaks for Itself

While case results are not guaranteed, our results reflect what’s possible when you have skilled, experienced counsel preparing your defense and fighting for you at every stage. Attorney Michael Loos is a founding member of the firm and brings determination to protecting his clients against criminal accusations. Attorney Hollie Smith is a practiced trial lawyer and earned her Juris Doctorate from Belmont University-College of Law. Attorney Michael Sabers is a seasoned litigator with more than two decades of experience. Our team can be depended on for effective defense strategies during your criminal case. 

Recognized Legal Standing

Our firm’s attorneys hold memberships across South Dakota’s legal community, including the State Bar of South Dakota, the Pennington County Bar, and the South Dakota Trial Lawyers Association. Michael Sabers has been recognized by Super Lawyers for five consecutive years (2018–2023) and was named among U.S. News & World Report Best Lawyers in 2023. He has been selected to Super Lawyers from 2017 through 2025.

⭐⭐⭐⭐⭐ 

“Everyone I spoke to and interacted with was extremely professional, knowledgeable, and thorough. I was always impressed after each encounter and knew I was in reliable hands with my case. I was highly recommend Clayborne, Loos, and Sabers to anyone in need of an attorney and they would be my first call if I needed representation again.” — Valarie Kauffman

Read more reviews on our Google Business Profile.

Types of DUI Cases We Handle in Box Elder

Drunk driving charges in South Dakota aren’t all the same. The facts behind each arrest, the driver’s history, and the circumstances of the stop shape what you’re going through. We handle a range of DUI-related matters, including:

• First-offense DUI. A first DUI charge under SDCL 32-23-1 is a Class 1 misdemeanor, but the consequences are real. Charges can result in jail time, fines, and license suspension. We work to identify weaknesses in the state’s case and pursue the best available outcome for first-time offenders.

• Repeat DUI offenses. Second and third DUI convictions carry escalating penalties, including longer license revocations and mandatory minimum jail time. And a fourth offense becomes a Class 5 felony. These cases require careful and aggressive defense.

• Felony DUI charges. When a DUI involves serious injury, a minor passenger, or a prior record that triggers felony classification, the stakes rise considerably. We handle these cases at the circuit court level and, when necessary, on appeal to the South Dakota Supreme Court.

• Drug-impaired driving (DUID). South Dakota law prohibits driving under the influence of drugs as well as alcohol. Drug DUI cases often involve field sobriety tests, blood draws, and contested scientific evidence. We handle drug possession charges and drug-related driving offenses.

• Underage DUI. Drivers under 21 face a lower BAC threshold and different consequences under state law. These cases can have lasting effects on a young person’s record, employment, and education.

• DUI with accidents or injuries. If your arrest followed a crash, expect a more aggressive prosecution and potentially additional charges. The charges from drunk driving in these situations can compound quickly.

South Dakota Legal Requirements for DUI

South Dakota’s DUI laws are found primarily in SDCL Chapter 32-23. Under SDCL 32-23-1, it is unlawful to operate or attempt to operate a vehicle with a blood alcohol concentration of .08 grams per deciliter or higher, or while under the influence of any alcoholic beverage or controlled substance to a degree that renders the driver incapable of safely operating the vehicle. The .08 BAC limit is what most people know. You can be charged and convicted even below that level if other evidence supports impairment.

Penalties escalate with each offense. A first conviction is a Class 1 misdemeanor. The second becomes a Class 1 misdemeanor with mandatory minimums. By the fourth offense, you’re looking at a Class 5 felony under SDCL 32-23-4.6, with a mandatory minimum of one year in a state correctional facility and a minimum two-year license revocation.

South Dakota also has an implied consent law. By driving on public roads in this state, you’ve consented to a breath or blood test if lawfully arrested for DUI. Refusing the test triggers an automatic administrative license suspension and can be used against you in court. That doesn’t mean refusing is always wrong, but you need to understand the consequences before making that decision.

According to NHTSA, roughly 32 people die every day in alcohol-impaired driving crashes across the country. South Dakota prosecutors treat drunk driving seriously, and courts often reflect that attitude in sentencing. Defense strategy has to match that reality.

As a reminder, being charged with an offense is not the same as being convicted. The stop has to be legal, the test has to be properly administered, and the chain of evidence has to hold strong under scrutiny.

Important Aspects of a Box Elder DUI Case

Legality of the Traffic Stop

Every DUI case starts with a stop. For that stop to have followed protocol, law enforcement needs reasonable suspicion that a traffic law was violated or something was wrong. If the stop was pretextual or unsupported, any evidence gathered afterward may be suppressible. We examine the stop thoroughly, as understanding how to challenge your traffic stop is often the foundation of an effective defense.

Field Sobriety Test Administration

The three standardized field sobriety tests, the Horizontal Gaze Nystagmus, Walk-and-Turn, and One-Leg Stand, are only reliable when administered exactly as trained. Lighting, road surface, footwear, medical conditions, and officer technique can all affect results. We look closely at the dashcam footage, the officer’s training records, and how the tests were actually conducted.

Breathalyzer and Blood Test Accuracy

Breath test machines require regular calibration and maintenance. The officer administering the test must follow a specific protocol. Blood samples have to be properly collected, stored, and analyzed. These are not formalities, they are safeguards. So when they’re not followed, the results become unreliable. We know what to do if you fail a sobriety test and how to evaluate the underlying evidence.

Prior Convictions and Sentencing Exposure

In South Dakota, prior DUI convictions are counted within a lookback period and used to elevate the current charge. How many priors, how recent, and how they were resolved all matter enormously. A case that looks like a misdemeanor on the surface may actually carry felony exposure. We analyze your full history before advising on any strategy.

Administrative License Suspension

The criminal case and the DMV proceedings may coexist separately. Even if you win in court, the administrative suspension process can cost you your license independently. And if you lose in court, there may be options for restricted driving privileges, particularly for employment. We look at both cases and advise accordingly. We can help you understand the basics of DUI defense so you know how we plan to fight for each case.

DUI and Collateral Consequences

A DUI conviction can affect more than your driving record. Employment, professional licenses, child custody matters, and immigration status can all be impacted by a conviction. We consider those collateral consequences when advising clients. A plea that looks acceptable on the surface may create problems that outlast the sentence.

Contact Loos, Sabers & Smith, LLP

A DUI charge in Box Elder, SD deserves serious attention. The sooner you get legal counsel involved, the more options you typically have. When we meet with you, we can review what happened, review your arrest, and tell you honestly what we can do to build your defense. There may be signs of an unlawful arrest or other variables that benefit your case. Contact us to schedule a consultation with our criminal defense team.